STAND. COM. REP. NO. 51

Honolulu, Hawaii

RE: S.B. No. 386

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Human Services, to which was referred S.B. No. 386 entitled:

"A BILL FOR AN ACT RELATING TO THE DETENTION OF A MINOR IN AN ADULT JAIL OR LOCKUP,"

begs leave to report as follows:

The purpose and intent of this measure is to protect youth from certain harmful conditions in the justice system by ensuring compliance with the Juvenile Justice Reform Act of 2018, codified under 34 U.S.C.A §11133, which requires the family court to make findings before a minor can be transferred to an adult facility.

Your Committee received testimony in support of this measure from The Judiciary of the State of Hawai‘i, Office of the Public Defender, Department of Human Services, Office of Youth Services, Hawaii Disability Rights Center, and one individual.

Your Committee finds that when a youth is transferred to the adult criminal justice system, the lifelong consequences of placement in the criminal justice system has a profoundly negative effect on both the youth and our community. There is an abundance of evidence that youth are fundamentally different from adults and are more likely to experience abuse, commit suicide, and be exposed to prolonged periods of isolation. Your Committee also finds this measure provides additional guidance and restrictions concerning any detention of a juvenile in an adult detention facility.

As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 386 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services,

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JOY A. SAN BUENAVENTURA, Chair